LESSON 4.
RTC granted the injunction declaring that Galarosa can no longer serve after the
109455- Galarosa v Valencia
Davide
Raul Galarosa is the incumbent president of the katipunang bayan or Association of Barangay
Councils (ABC) of the municipality of Sorsogon and was appointed member of the Sanggunian
Bayan (SB) of Sorsogon. Rodolfo Lasay, the incumbent barangay captain of barangay Gimaloto
of the municipality of Sorsogon and an aspirant for the position of president of the ABC of the
said municipality, filed with the RTC against the SB of Sorsogon a petition seeking the
determination by the court of the “proper interpretation of the provision of Sec. 494 of RA 7160"
and of "whether or not the President of the ABC can continue holding office despite the
termination of the Terms of Office of the Sangguniang Bayan of Sorsogon on June 30, 1992. He
claims that the term of office of Galarosa as an ex officio member of the SB of Sorsogon is
coterminous with that, of the said SB, which expired on June 30, 1992; hence there was a need
for the new election of an ABC representative. The RTC ruled in favor of Lasam but the SC
reversed, ruling that the legislature never intended that Sec. 494 would apply to the incumbent
presidents of the katipunang bayan
DOCTRINE
The LGC does not explicitly provide that upon its effectivity the katipunan ng mga
barangay under BP 337 automatically became the liga ng mga barangay under the LGC and
that the president of the ABC automatically became the president of the liga whose term as ex
officio member of the first sangguniang bayan under the 1987 Constitution is coterminous with
that of the other regular members of the SB or until June 30 1992 pursuant to Sec. 494 of the
LGC in relation to Sec. 2, Art. XVIII of the 1987 Constitution and Sec. 5 of RA 6636. Absent such
explicitness, the conclusion to be drawn is that the legislature never intended that Sec. 494
would apply to the incumbent presidents of the katipunang bayan.
FACTS
1. Raul Galarosa is the incumbent president of the katipunang bayan or Association of
Barangay Councils (ABC) of the municipality of Sorsogon and was appointed member
of the Sanggunian Bayan (SB) of Sorsogon pursuant to EO 342, the quondam local
government code.
2. In August 1992, Rodolfo Lasay, the incumbent barangay captain of barangay
Gimaloto of the municipality of Sorsogon and an aspirant for the position of president
of the ABC of the said municipality, filed with the RTC against the SB of Sorsogon a
petition for declaratory relief and injunction.
a. Lasay sought the determination by the court of the “proper interpretation of
the provision of Sec. 494 of RA 7160" and of "whether or not the President
of the ABC can continue holding office despite the termination of the Terms
of Office of the Sangguniang Bayan of Sorsogon on June 30, 1992.
b. He claims that the term of office of Galarosa as an ex officio member of the
SB of Sorsogon is coterminous with that, of the said SB which expired on
June 30, 1992; hence there was a need for the new election of an ABC
representative. Lasay prayed for the issuance of a TRO enjoining the SB of
Sorsogon from recognizing Galarosa as an ex officio member and for the
holding in abeyance of GALAROSA's salaries.
3. The SB of Sorsogon asked for the dismissal of the petition because (a) Lasay has no
legal right to file the petition, it being is based on pure speculative rights, and (b) the
petition is premature since the resolution of the issues raised may still be the subject
of rules and regulations to implement Sec. 494 of the Code.
expiration of the term. Hence this petition.
ISSUE with HOLDING
1. W/N Galarosa can serve as a member of the SB even after the date when the term of
office for elective members of the SB of Sorsogon expires – YES
a. The LGC does not explicitly provide that upon its effectivity the katipunan
ng mga barangay under BP 337 automatically became the liga ng mga
barangay under the LGC and that the president of the ABC automatically
became the president of the liga whose term as ex officio member of the
first sangguniang bayan under the 1987 Constitution is coterminous with
that of the other regular members of the SB or until June 30 1992 pursuant
to Sec. 494 of the LGC in relation to Sec. 2, Art. XVIII of the 1987
Constitution and Sec. 5 of RA 6636. Absent such explicitness, the
conclusion to be drawn is that the legislature never intended that Sec. 494
would apply to the incumbent presidents of the katipunang bayan.
i. In short, there is no indication at all that Sec. 491 and Sec. 494
should be given retroactive effect to adversely affect the presidents
of the ABC. They should thus be applied prospectively. The LGC
significantly altered the previous law and rules relative to the
membership of the presidents of the katipunang bayan or the ABC:
b. In the first place, a prior appointment by the President, as required under
Sec. 110(3) of BP 337 or by him through the DILG Secretary pursuant to EO
342, is no longer necessary. It may be pointed out that BP 337 has been
expressly repealed under paragraph (a), Sec. 534 of the LGC.
c. In the second place, Sec. 494 provides that the term of office of
the liga presidents shall in no case go beyond the term of office of
the sanggunian concerned. The section however, does not fix the specific
duration of their term as liga president.
i. This is left to the by-laws of the liga pursuant to Art. 211(g) of the
Rules and Regulations Implementing the Local Government Code
(IRR). Under RA 6679, the term of office of the punong
barangay elected in the March 28, 1989 election for barangay
officials was 5 years commencing on May 1, 1989 and ending May
31, 1994.
ii. It also provides that the next regular election of barangay officials
shall be on the second Monday of May 1994 and that their term of
office shall begin on the first day of June following their election
and until their successors shall have been elected an qualified. On
the other hand, Sec. 43(c) of the LGC fixes the term of elective
barangay officials at three years which, insofar as those first
elected under it are concerned, shall begin after the regular
election on the second Monday of May 1994.
d. Nonetheless, notwithstanding the prospective character of Sec. 494 of the
LGC, the fact remains that the presidents of the katipunang bayan who were
appointed as members of the sangguniang bayan by the President through
the DILG Secretary by virtue of EO 342 were appointed to the sangguniang
bayan whose regular members were elected in the Jan. 18, 1988 local
elections and whose terms expired on June 30, 1992.
i. It is to be presumed that they could not have been appointed for a
term beyond that of the sangguniang bayan. While ABC presidents
could remain as such after June 30, 1992 because their term of
1
 office as ABC presidents have not yet ended, their term of office as On April 7, 1989, the DILG issued Circular No. 89-09 providing for the reorganization of the
members of the sangguniang bayan has expired. katipunan ng mga barangays in all levels and prescribing the guidelines for the election of
ii. There is, however, no law which prohibits them from holding their officers. Guideline 2.2 thereof on terms of office reads:
over as members of the sangguniang bayan. The terms of office of all officers of the katipunan at all levels shall be from the date of their
1. On the contrary, the aforementioned IRR expressly election until their successors shall have been duly elected and qualified, without
recognizes and grants that hold-over authority to ABC prejudice, however, to the terms of their appointments as member of the sanggunian, to
presidents (paragraphs (d) and (f), Article 210 of the which they may be correspondingly appointed.
IRR). The application of the hold-over doctrine in both the
aforementioned provisions of the IRR and the issuances Accordingly, the president of the katipunang bayan became, after an appointment
of the DILG should be upheld. extended by the President through the DILG Secretary, a member of the first sangguniang
2. The rule is settled that unless " "holding over be bayan organized under the 1987 Constitution following the local elections held on 18
expressly or impliedly prohibited, the incumbent may January 1988. That Galarosa was extended such appointment is not disputed
continue to hold over until some one else is elected and
qualified to assume the office." This rule is demanded by
the most obvious must requirements of public policy, for DIGESTER: Gab.
without it there must frequently be cases where, from a
failure to elect or a refusal or neglect to qualify, the office
would be vacant and the public service entirely
suspended."
3. Sec. 494 of the LGC could not have been intended to
allow a gap in the representation of the barangays,
through the presidents of the ABC, in the sanggunian.

DISPOSITIVE PORTION
We therefore hold that GALAROSA, as president of the ABC of Sorsogon, can legally and validly
hold over as a member of the sangguniang bayan of Sorsogon, Sorsogon, until the election of
the first set of officers of the liga ng mga barangay, unless he is sooner removed for cause.
WHEREFORE, judgment is hereby rendered REVERSING and SETTING ASIDE the decision of
the respondent Judge in Civil Case No. 5575 of Branch 52 of the Regional Trial Court of
Sorsogon, Sorsogon.

OTHER NOTES
The forerunner of the liga is the katipunan ng mga barangay under Sec. 108 of BP 337.
Each barangay therein was represented by the punong barangay. Pursuant to BP 337, the
president of the organization was among the members of the sangguniang bayan — the
legislative body of the municipality — subject, however, to appointment by the President of
the Philippines. Under Sec. 110(3) thereof, the term of office of all officers of the
katipunang bayan, including its president, was to be governed by the by-laws of the
organization, without prejudice to their term of office as member of the sanggunian to
which they may be correspondingly appointed. Sec. 25 of the By-Laws of the Katipunan ng
mga Barangay provides that "the term of office of all officers of the katipunan at all levels
shall be from the date of their elections until the next katipunan elections following general
barangay elections."

On Nov. 28, 1988, Pres. Aquino issued EO 342 delegating to the Secretary of DILG the
power to appoint certain local offices under certain sections, including Sec. 146(1) of BP
337. Thereafter, appointments of the presidents of the katipunang bayan as members of
the sangguniang bayan were made by the DILG Secretary.

Prior to the passage of the LGC, the katipunang bayan in a municipality was composed of
the barangay captains elected in the barangay elections of Mar. 28, 1989 held pursuant to
RA 6679. In this case, it is presumed that Galarosa was elected punong barangay in the
municipality of Sorsogon and was later elected president of the ABC of Sorsogon.